Ancient legal philosophy of India is rich in quality and content. It tends towards spiritual humanism. This jurisprudence is quite superior to the Western materialistic -automistic-jurisprudence which is primarily oriented on the theory of conflict and discord. As such modern Indian Legal System on the lines of Anglo-Saxon Common Law is quite unsuitable to the characteristic nature and genius of the Indian people. As a result of this various problems of law and life are created which are causing disquiet and so many disturbances.
The learned author has critically discussed our ancient law from the point of view of pure jurisprudence or legal philosophy. He has discussed the theory of law from the point of view of order, culture, authority, practice and precept, action in courts interpretation and justice. He has also reviewed the Indian theory of crime and punishment, tort, contract, property, procedure, and then pleads for spiritualization of jurisprudence to make it an integrating force and to render it more suitable to our needs and requirements.
Contents include : Philosophical Roots of Ancient Indian Jurisprudence, Law as Order, Law as Culture, Law as Authority, Law as Practice and Precept, Law as an Action in Courts, Law as Ordinance of King, Mimansa - The Interpretation of Law, Law and Justice, Important Concepts of Law, Plea for Spiritual Jurisprudence, Glossary, Chronology, etc.
With the general awakening and nationalistic consciousness of the great heritage of our ancient law and its history, it is generally included in the post-graduate and undergraduate courses in many universities. The present Book will serve a background and foreground for such courses and is expected to be more useful to the students of law and philosophy. It will also be of interest to general readers interested in the study of ancient Indian legal philosophy.
Dr. S.K. Purohit is a post-graduate in Law, Literature and Philosophy from Jodhpur, Rajasthan. He has to his credit one decade's experience of participating law in action as an Advocate and twenty three years experience of teaching Law in the University of Jodhpur. He has contributed many articles and has actively taken part in various conferences and seminars held on contemporary issues and problems of Law. He got his doctor's degree in Law in 1979 and retired as an Associate Professor of Law in 1991 from the University of Jodhpur.
1. Philosophical Roots of Ancient Indian Jurisprudence
2. Law as Order-Rit
3. Law as Culture-Dharma
4. Law as Authority - Its Evolution from Vrata to Danda
5. Law as Practice (Custom) and Precept (Text)-Achara (Acara) and Sastra
6. Law as an Action in Courts-Vyavahara
7. Law as an Ordinance of King-'Raj Sasana'
8. Mimansa-The Interpretation of Law
9. Law and Justice - Dharma and Nyaya-I
10. Law and Justice - Dharma and Nyaya-II
11. Important Concepts of Law